MATTER OF ELMWOOD-ANDERSON CORPORATION v. NOVELLO


11 A.D.3d 969 (2004)

782 N.Y.S.2d 312

In the Matter of ELMWOOD-ANDERSON CORPORATION, Doing Business as JIMMY MAC'S, Respondent, v. ANTONIA C. NOVELLO, M.D., as Commissioner of New York State Department of Health, et al., Respondents, and ANTHONY S. BILLITIER, IV, M.D., as Commissioner of Health of County of Erie, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 1, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the penultimate paragraph and as modified the judgment is affirmed without costs and respondent Anthony S. Billitier, IV, M.D., Commissioner of Health, County of Erie, is directed to reformulate the guidelines for implementation of the Clean Indoor Air Act within the bounds of the language and intent of that...

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